These Terms and Conditions (the "Terms") are a legal contract between you and Hyperlocal, Inc., owner of Ola Health App, commonly known as Ola, together with its affiliates and assignees (hereinafter, "Hyperlocal"). These Terms explain how you are permitted to use the Hyperlocal mobile application ("Mobile Application") and services, as well as the Hyperlocal website located www.olahealthapp.com (the "Site") and any content therein (collectively, the "Services"). Unless otherwise specified, all references to the "Services" include the services available through the Hyperlocal mobile application and the Hyperlocal website, as well as any software that Hyperlocal provides to you that allows you to access the Services from a mobile device. By using the Services, you are agreeing to all of the Terms; if you do not agree with any of these Terms, do not access or otherwise use the Services. You may download and/or print a copy of these Terms for you records at: http://tos.olahealthapp.com/
The purpose of Hyperlocal's Services is to provide a community for discussion on particular health and medical issues of concern to its members. As such, Hyperlocal neither endorses nor recommends any particular or specific opinions, recommendations, products or medical professionals.
All content available via these Services is for information purposes only, and is not (and is not intended to be) in any way a substitute for the advice or opinion of a trained medical professional. YOU MUST NOT RELY ON ANY INFORMATION PROVIDED VIA THESE SERVICES. YOU MUST NOT FOLLOW ANY OF THE INFORMATION OR OPINIONS EXPRESSED VIA THESE SERVICES. YOU MUST NOT USE ANY INFORMATION OR OPINIONS EXPRESSED VIA THESE SERVICES FOR DIAGNOSING OR TREATING A HEALTH PROBLEM OR DISEASE, OR PRESCRIBING ANY MEDICATION OR OTHER TREATMENT. TO THE EXTENT THAT YOU DO RELY ON, OR FOLLOW, ANY OF THE INFORMATION OR OPINIONS EXPRESSED VIA THESE SERVICES, YOU DO SO AT YOUR OWN RISK AND YOU MAY BE BREAKING THE LAW. IF YOU HAVE A MEDICAL QUESTION YOU SHOULD SEEK PROFESSIONAL MEDICAL ASSISTANCE. IF YOU HAVE A MEDICAL EMERGENCY, YOU SHOULD CALL 911 IMMEDIATELY.
IN THE EVENT THAT YOU DO NOT AGREE WITH ALL OF THE TERMS LISTED ON THIS PAGE (THE "AGREEMENT"), YOU ARE NOT AUTHORIZED TO ACCESS THE HYPERLOCAL SERVICES.
The Services may not be available in all locations, and we may block access to the Services from certain locations based on your device's geolocation information; we may add to or remove the areas in which the Services are not available at any time, without notice to you.
By using the Services, you represent, acknowledge and agree that you are at least 18 years of age. If you are not at least 18 years old, you may not use the Services at any time or in any manner or submit any information to the Hyperlocal or the Services.
Hyperlocal provides content through the Services that is copyrighted and/or trademarked work of Hyperlocal or Hyperlocal's third-party licensors and suppliers or other users of the Services (collectively, the "Materials"). Materials may include logos, graphics, video, images, software and other content.
Subject to the terms and conditions of these Terms, and your compliance with these Terms, Hyperlocal hereby grants you a limited, personal, non-exclusive and non-transferable license to use the Materials and the Services solely for your personal use. Except for the foregoing license, you have no other rights in the Materials or Services. YOU MAY NOT, UNDER ANY CIRCUMSTANCES OR IN ANY MANNER, MODIFY, EDIT, COPY, REPRODUCE, CREATE DERIVATIVE WORKS OF, REVERSE ENGINEER, ALTER, ENHANCE OR IN ANY WAY EXPLOIT ANY OF THE MATERIALS OR SERVICES.
If you breach any of these Terms, the above license will terminate automatically and you must immediately destroy any downloaded or printed Materials.
The Services are made available via Mobile Applications. To use the Mobile Application you must have a mobile device that is compatible with the mobile service. Hyperlocal does not warrant that the Mobile Application will be compatible with your mobile device. You may not: (i) modify, disassemble, decompile or reverse engineer the Mobile Application; (ii) rent, lease, loan, resell, sublicense, distribute or otherwise transfer the Mobile Application to any third-party or use the Mobile Application to provide time sharing or similar services for any third-party; (iii) make any copies of the Mobile Application; (iv) remove, circumvent, disable, damage or otherwise interfere with security-related features of the Mobile Application, features that prevent or restrict use or copying of any content accessible through the Mobile Application, or features that enforce limitations on use of the Mobile Application; or (v) delete the copyright and other proprietary rights notices on the Mobile Application. You acknowledge that Hyperlocal may from time to time issue upgraded versions of the Mobile Application, and may automatically electronically upgrade the version of the Mobile Application that you are using on your mobile device. You consent to such automatic upgrading on your mobile device, and agree that these Terms (as may be amended from time to time) will apply to all such upgrades. The foregoing license grant is not a sale of the Mobile Application or any copy thereof, and Hyperlocal and its third-party licensors or suppliers retain all right, title, and interest in and to the Mobile Application (and any copy of the Mobile Application). Standard carrier data charges may apply to your use of the Mobile Application.
The following additional terms and conditions apply with respect to any Mobile Application that Hyperlocal provides to you designed for use on an Apple iOS-powered mobile device (an "iOS App"):
The following additional terms and conditions apply with respect to any Mobile Application that Hyperlocal provides to you designed for use on an Android-powered mobile device (an "Android App"):
If you desire to register for an account with Hyperlocal to use the Services, you must download the App on your mobile device. When you open the app, you must agree to let Hyperlocal gather your location information; if you do not agree, the Services will not function. You are not required to submit your name or contact information. We also collect your IP address and generate or collect a unique identifier for your mobile device, which will serve as your user identification tag.
As stated above, Hyperlocal's Services do not provide medical advice of any kind. Likewise, none of the information available from Hyperlocal; nor any email or instant messaging responses to your questions create a physician-patient relationship or constitute the practice of medicine. Hyperlocal makes no representations, endorsements or guarantees regarding the accuracy of any of the information provided. YOU MUST NOT RELY ON ANY INFORMATION PROVIDED VIA THESE SERVICES. YOU MUST NOT FOLLOW ANY OF THE INFORMATION OR OPINIONS EXPRESSED VIA THESE SERVICES. YOU MUST NOT USE ANY INFORMATION OR OPINIONS EXPRESSED VIA THESE SERVICES FOR DIAGNOSING OR TREATING A HEALTH PROBLEM OR DISEASE, OR PRESCRIBING ANY MEDICATION OR OTHER TREATMENT. TO THE EXTENT THAT YOU DO RELY ON, OR FOLLOW, ANY OF THE INFORMATION OR OPINIONS EXPRESSED VIA THESE SERVICES, YOU DO SO AT YOUR OWN RISK AND YOU MAY BE BREAKING THE LAW. IF YOU HAVE A MEDICAL QUESTION YOU SHOULD SEEK PROFESSIONAL MEDICAL ASSISTANCE. IF YOU HAVE A MEDICAL EMERGENCY, YOU SHOULD CALL 911 IMMEDIATELY.
Due to the community nature of the Services, content contained herein, whether data, text, software, music, sound, photographs, graphics, video, messages, tags, or other materials (collectively "Submissions") can and will be posted by Hyperlocal, third parties and other users. Hyperlocal has no obligation to monitor any of the Submissions posted to the Services. However, you acknowledge and agree that Hyperlocal has the absolute right to monitor such Submission at their sole discretion to confirm compliance with these terms. Hyperlocal and its designees shall have the right to remove any Submission that violates this Agreement or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Submission, including any reliance on the accuracy, completeness, or usefulness of such Submission.
As noted above, many Submissions are provided by third parties, sponsors and other users of the Service. Accordingly, Hyperlocal does not endorse nor shall be responsible for the accuracy and reliability of any opinion, advice, or statement made on Hyperlocal Services. You understand that you are solely responsible for all your Submissions, whether publicly posted or privately transmitted. Under no circumstances will Hyperlocal be liable in any way for any user Submissions, including, but not limited to, any errors or omissions, or any loss or damage of any kind incurred as a result of the use of any Submissions posted, emailed, transmitted or otherwise made available via the Hyperlocal Services. You further understand that the Internet has no geographical boundaries, and you therefore agree to comply with all local laws, rules, regulations regarding online conduct and acceptable Submissions. Specifically, you agree to comply with all applicable laws, rules and regulations regarding the transmission of technical data exported from the United States or the country in which you reside.
Hyperlocal does not claim ownership of any user Submissions. However, by submitting and/or posting any Submissions, you grant Hyperlocal a royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, communicate to the public, perform and display the Submissions (in whole or in part) worldwide as necessary to host, maintain and provide access to the Services to you and other users, without any compensation paid to you and without further approval from you, for the full term of any rights that may exist in such Submissions. You also permit any user to access, display, view, store and reproduce such Submissions for personal use in accordance with your privacy settings.
In connection with your use of Services, you acknowledge and agree that you will not:
In no event shall Hyperlocal, or any third parties mentioned on the Ola Health and Hyperlocal Services be liable for any damages (including, but not limited to, consequential, incidental, special damages or specific performance) resulting from the use of or inability to use the Ola Health and Hyperlocal Services whether based on warranty, contract, tort, or any other legal theory or cause of action, and whether or not Hyperlocal is advised of the possibility of such damages.
Hyperlocal is not liable for any personal injury (including, but not limited to, death), property damage, economic harm or any other harm caused by your reliance, use or misuse of Ola, Services or its content (in forums, public areas or otherwise).
You agree to indemnify and hold harmless Hyperlocal, and their officers, employees, agents, subsidiaries, affiliates and other partners, from and against any claims, actions or demands, liabilities and settlements, including: without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your violation of any law, rule or regulation, the Terms, the Services, content you transmit or otherwise make available on Services, or any other infringement committed by you or any other subscriber of your account, of any intellectual property or other right of any person or entity.
The Services are not directed at minors under the age of 18 and may not be used by any person under the age of 18. Hyperlocal complies with the Children's Online Privacy Protection Act and does not permit registration or submission of anyone less than 13 years of age. By using any of the Services, you represent, warrant and agree that you are not under the age of 18.
You understand and agree that your access to Hyperlocal and Ola, the Services provided and your account depend upon your compliance with the Terms, as well as Hyperlocal's decision to continue operating the Site and the Services. There is no guarantee that Hyperlocal will continue to offer the services and Hyperlocal may simply discontinue the service without any notice to you.
Hyperlocal reserves the right to terminate your access to and your use of the Services and your account (or any user of your account) in its sole discretion. In the event that you breach the Terms, Hyperlocal may, in addition to other remedies, terminate your access to the Services and your account (and any other accounts that share the name, phone number, email address, and/or internet protocol address of the discontinued account) immediately and without notice. Regardless of the cause or basis for termination, you agree that you are not entitled to compensation of any kind as a result of the termination. Any termination of membership will occur in Hyperlocal's sole discretion. Hyperlocal does not have any affirmative obligation to terminate a member's account for the benefit of another member or third party or for any other reason, including, but not limited to, any breach of the Terms.
Please read this carefully. It affects your rights.
Most customer concerns can be resolved quickly and to a customer's satisfaction by contacting us at [email protected] This Provision facilitates the prompt and efficient resolution of any Disputes that may arise between you and Hyperlocal. Arbitration is a form of private dispute resolution in which persons with a dispute waive their rights to file a lawsuit, to proceed in court and to a jury trial, and instead submit their disputes to a neutral third person (or arbitrator) for a binding decision.
Please read this provision carefully. It provides that all Disputes between you and Hyperlocal shall be resolved by binding arbitration Arbitration replaces the right to go to court. In the absence of this arbitration agreement, you may otherwise have a right or opportunity to bring claims in a court, before a judge or jury, and/or to participate in or be represented in a case filed in court by others (including, but not limited to, class actions). Except as otherwise provided, entering into this agreement constitutes a waiver of your right to litigate claims and all opportunity to be heard by a judge or jury. There is no judge or jury in arbitration, and court review of an arbitration award is limited. The arbitrator must follow this agreement and can award the same damages and relief as a court (including attorneys' fees).
For the purpose of this Provision, "Hyperlocal" means Hyperlocal, Inc. and its parents, subsidiary, and affiliate companies, and each of their respective officers, directors, employees, and agents. The term "Dispute" means any dispute, claim, or controversy between you and Hyperlocal regarding any aspect of your relationship with Hyperlocal, whether based in contract, statute, regulation, ordinance, tort (including, but not limited to, fraud, misrepresentation, fraudulent inducement, or negligence), or any other legal or equitable theory, and includes the validity, enforceability or scope of this Provision (with the exception of the enforceability of the Class Action Waiver clause below). "Dispute" is to be given the broadest possible meaning that will be enforced, and shall include any claims against other parties relating to services or products provided or billed to you (such as Hyperlocal's licensors, suppliers, dealers or third-party vendors) whenever you also assert claims against us in the same proceeding.
WE EACH AGREE THAT, EXCEPT AS PROVIDED BELOW, ANY AND ALL DISPUTES, AS DEFINED ABOVE, WHETHER PRESENTLY IN EXISTENCE OR BASED ON ACTS OR OMISSIONS IN THE PAST OR IN THE FUTURE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION RATHER THAN IN COURT IN ACCORDANCE WITH THIS PROVISION.
For all Disputes, whether pursued in court or arbitration, you must first give Hyperlocal an opportunity to resolve the Dispute. You must commence this process by mailing written notification to Hyperlocal, [37 W 26th, #331, New York, NY 10010]. That written notification must include (1) your name, (2) your address, (3) a written description of your Claim, and (4) a description of the specific relief you seek. If Hyperlocal does not resolve the Dispute within 45 days after it receives your written notification, you may pursue your Dispute in arbitration. You may pursue your Dispute in a court only under the circumstances described below.
Notwithstanding the above, you or Hyperlocal may choose to pursue a Dispute in court and not by arbitration if (a) the Dispute may be initiated in small claims court [or (b) Hyperlocal, in its sole discretion, chooses to have the Dispute proceed in federal and state courts located in New York County (NY).
If this Provision applies and the Dispute is not resolved as provided above (Pre-Arbitration Claim Resolution) either you or Hyperlocal may initiate arbitration proceedings. The American Arbitration Association ("AAA"), www.adr.org, or JAMS, www.jamsadr.com, will arbitrate all Disputes, and the arbitration will be conducted before a single arbitrator. The arbitration shall be commenced as an individual arbitration, and shall in no event be commenced as a class arbitration. All issues shall be for the arbitrator to decide, including the scope of this Provision.
For arbitration before AAA, for Disputes of less than $75,000, the AAA's Supplementary Procedures for Consumer-Related Disputes will apply; for Disputes involving $75,000 or more, the AAA's Commercial Arbitration Rules will apply. In either instance, the AAA's Optional Rules For Emergency Measures Of Protection shall apply. The AAA rules are available at www.adr.org or by calling 1-800-778-7879. For arbitration before JAMS, the JAMS Comprehensive Arbitration Rules & Procedures and the JAMS Recommended Arbitration Discovery Protocols For Domestic, Commercial Cases will apply. The JAMS rules are available at www.jamsadr.com or by calling 1-800-352-5267. This Provision governs in the event it conflicts with the applicable arbitration rules. Under no circumstances will class action procedures or rules apply to the arbitration.
Because the Services and these Terms concern interstate commerce, the Federal Arbitration Act ("FAA") governs the arbitrability of all Disputes. However, the arbitrator will apply applicable substantive law consistent with the FAA and the applicable statute of limitations or condition precedent to suit.
Arbitration Award - The arbitrator may award on an individual basis any relief that would be available pursuant to applicable law, and will not have the power to award relief to, against or for the benefit of any person who is not a party to the proceeding. The arbitrator will make any award in writing but need not provide a statement of reasons unless requested by a party. Such award will be final and binding on the parties, except for any right of appeal provided by the FAA, and may be entered in any court having jurisdiction over the parties for purposes of enforcement.
Location of Arbitration – You or Hyperlocal may initiate arbitration New York County (NY) only.
Payment of Arbitration Fees and Costs – You will pay all arbitration filing fees and arbitrator's costs and expenses upon Hyperlocal's written request given prior to the commencement of the arbitration. You are responsible for all your fees and costs that you incur in the arbitration, including, but not limited to, attorneys or expert witnesses.
Except as otherwise provided in this Provision, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a class or representative proceeding or claims (such as a class action, consolidated action or private attorney general action) unless both you and Hyperlocal specifically agree to do so following initiation of the arbitration.
You understand and agree that by using the Services you are waiving the right to a jury trial or a trial before a judge in a public court. In the absence of this Provision, you might otherwise have had a right or opportunity to bring Disputes in a court, before a judge or jury, and/or to participate or be represented in a case filed in court by others (including class actions). Except as otherwise provided below, those rights are waived. Other rights that you would have if you went to court, such as the right to appeal and to certain types of discovery, may be more limited or may also be waived.
If any clause within this Provision (other than the Class Action Waiver clause above) is found to be illegal or unenforceable, that clause will be severed from this Provision, and the remainder of this Provision will be given full force and effect. If the Class Action Waiver clause is found to be illegal or unenforceable, this entire Provision will be unenforceable and the Dispute will be decided by a court.
This Provision shall survive the termination of this Agreement with Hyperlocal or its affiliates.
These Terms are governed by the laws of the State of New York and the United States of America.
a. All visitors to this Site are responsible for reviewing the Terms prior to the use of the Services. Any use of the Services will constitute an acceptance of the Terms in place at the time of use of the Services.
b. Hyperlocal does not share PI with any third parties.
Ola is not intended for individuals under the age of 18 and we have no intention of collecting PI from children under 18. If you are under the age of 18 or would otherwise be restricted from registering a social media account because of your age, do not attempt to create an account on Ola or provide us with us with any PI of any kind.
We take safety issues very seriously, especially with children, and we encourage parents to teach their children about safe Internet practices. To learn more, visit OnGuardOnline.gov, the U.S. Federal Government's website to help you be safe, secure and responsible online use by children under 13.
There are a variety of types of information that Hyperlocal collects. Personal Information and Non-Personal Information, both of which are discussed below.
When you download and use our mobile app, we assign you a unique identifier, but we do not collect your name, phone number, or email address without your explicit consent.
We ask you to share you location information from your mobile device. If you choose not to, the Services will not function. Location information is used to place you in your local group, and as explained below.
We collect the content you submit to the Services (posts, replies, searches, and votes), as well as information about when you submitted the content, when it was viewed, and other activities.
We may automatically collect the following information about your use of the Services: access time, device ID, application ID or other unique identifier; domain name, IP address, screen views; geo-location data (with your permission); language information; device name and model; operating system information; your activities within the Services; and the length of time that you are logged in. We may combine this information with other information that we have collected about you.
Hyperlocal may combine any public information you provide with information from other users to create aggregate data to display on the Ola website. This information may include, but is not limited to, such characteristics as age, sex, zip code, etc. This aggregate information may also be disclosed to third parties. Aggregate data does not contain any information that could be used to contact you, identify you, or associate any health condition with you, personally. For example, Hyperlocal may use information gathered to create a composite profile of all the users of a particular contest or challenge. Hyperlocal may also share this aggregate information with third parties to help such parties understand community needs and to design appropriate programs and activities on their website.
You may have limited rights to edit or remove any content that you post, share or otherwise distribute on Hyperlocal that includes your PI, depending on the specific portion of the Service on which it is posted. For example, a member will not have the ability to edit or delete information posted in a public forum.
Notwithstanding whether the member has an ability to edit or delete information seen by others, it is imperative for members to understand that even if a member deletes any User Generated Content from the view of others, such information may still be stored on other databases, specifically, including those kept for archival purposes. Furthermore, while we honor your request to remove any User Generated Content, User Generated Content that was previously shared with a sponsor or other third party at your consent will be subject to their own privacy policies and user agreements and cannot be deleted or removed by Hyperlocal. Hyperlocal will not endeavor to retrieve deleted content from our archives in order to erase it from the archives. Also members should be aware that any User Generated Content that you post may have been republished or distributed prior to deletion and may remain publicly available on another portion of the Site. Finally, it is important for you to be mindful that the content you create on Ola may be available to the general public and may be collected, copied or indexed by third parties such as search engines (Google, etc.).
California law permits residents of California to request certain details about what PI a company shares with third parties for the third parties' direct marketing purposes.
For any questions or comments, or to report violations of this agreement, let us know, or contact us at:
Attn: User Agreement Issues
37 W. 26th, #331
New York, NY 10010